False sick leave claims - grounds for instant dismissal?

In the recent case of Mitchell Fuller v Madison Branson Lawyers Pty Ltd [2025] FWC 784, the Fair Work Commission (FWC) has provided clear guidance on serious misconduct, honesty in employment, and the application of the Small Business Fair Dismissal Code. This case serves as a strong reminder that employees, especially in the legal profession, are held to high standards of integrity — and the consequences for breaches can be severe.

Factual Background

Mr Mitchell Fuller was employed as a solicitor with Madison Branson Lawyers, a small commercial law firm in Melbourne. In April 2024, Mr Fuller took paid sick leave on two workdays — 5 and 8 April — during which he attended the AFL Gather Round events in Adelaide with friends.

At the time, Mr Fuller informed his employer that he was unwell and unable to attend work, but later investigations revealed he had made prior travel plans and had spent the days engaging in social activities. His employer was unaware of his travel until July 2024, when photos posted on social media came to light.

Mr Fuller was summarily dismissed on 4 August 2024 on grounds of dishonesty, with the firm citing breach of trust, false sick leave claims, and concerns over a misleading statutory declaration.

Issues Considered by the Commission

The Commission was asked to determine:

• Whether the Small Business Fair Dismissal Code applied to the dismissal.

• Whether Mr Fuller's dismissal was consistent with the Code.

• If the Code did not apply, whether the dismissal was otherwise harsh, unjust, or unreasonable.

Arguments Presented

Mr Fuller argued:

• His dismissal was procedurally unfair and that he had been denied proper opportunity to respond.

• He was suffering from mental health issues (specifically ADHD) and had taken the leave due to genuine illness.

• The employer had failed to properly substantiate claims of reputational damage or dishonesty.

Madison Branson Lawyers argued:

• Mr Fuller had deliberately misled the firm, claiming sick leave for pre-planned holidays.

• The firm's decision was based on reasonable grounds supported by evidence, including social media posts and travel records.

• The firm complied with the requirements of the Small Business Fair Dismissal Code.

The Commission’s Reasoning and Decision

Deputy President Bell methodically assessed the evidence, noting several critical findings:

• Dishonesty: Mr Fuller knowingly misled the employer in his sick leave emails, stating he was unfit for work when he was, in fact, attending social events interstate.

• False Statutory Declaration: Although the Commission did not find Mr Fuller knowingly lied in his statutory declaration, his overall conduct was found to be deliberately evasive and misleading.

• Lack of Credibility: Mr Fuller’s evidence, including claims of a consultation with his GP on 4 April 2024, was found to be false. The Commission concluded, “there was never a conversation with Dr Taylor… or any doctor on about 4 April 2024.”

• Application of the Small Business Fair Dismissal Code**: The employer believed, on reasonable grounds, that Mr Fuller’s conduct justified immediate dismissal. The employer’s belief was based on credible evidence and a reasonable investigation process.

Deputy President Bell stated:

"Mr Fuller’s conduct and attitude was utterly incompatible with his ongoing employment as a solicitor at the firm, where integrity and honesty are paramount."

As a result, the FWC found that the dismissal was consistent with the Small Business Fair Dismissal Code and was not unfair. Mr Fuller's application for an unfair dismissal remedy was dismissed.

** The Small Business Fair Dismissal Code provides a framework for small business employers in Australia, with fewer than 15 employees, to lawfully dismiss employees. Under the Code, a dismissal is deemed fair if the employer genuinely believes on reasonable grounds that the employee’s conduct was sufficiently serious to justify immediate termination, such as in cases of theft, fraud, violence, or serious breaches of safety. For other dismissals, employers must give a valid reason, warn the employee, and allow an opportunity to respond and improve. Compliance with the Code can provide a complete defence to an unfair dismissal claim under the Fair Work Act 2009 (Cth).

Key Takeaways for Employers and Employees

• Honesty is paramount, particularly in professions requiring high ethical standards such as law.

• Small business employers can rely on the Small Business Fair Dismissal Code when dismissing employees for serious misconduct, provided they hold reasonable beliefs based on sound evidence.

• Procedural fairness, while important, does not excuse or mitigate deliberate dishonesty by an employee.

• Medical certificates obtained online without real consultation may carry little weight where contested.

Employers should ensure that concerns are properly investigated and documented. Employees should be aware that misusing sick leave entitlements can have career-ending consequences.